A California slip and fall case will usually involve a deposition. As the deponent, you’ll sit with the defendant’s lawyer and answer their questions under oath. Depositions typically occur in an attorney’s office, outside the courtroom, but they carry the same legal weight as testimony at trial.
Careful preparation is crucial to the outcome of a deposition and, subsequently, your case. Your Los Angeles slip and fall attorney at Salamati Law will prepare and guide you. We have over 28 years of experience winning compensation in premises liability claims. Our track record is second to none. Call today to schedule a free consultation.
Steps to Preparing for Your Deposition
The key to a successful deposition involves strong preparation and practice beforehand. You do not walk into a deposition cold.
Here is how to get ready:
Know Your Case Details
Before your deposition in a Los Angeles slip and fall case, it’s important to be thoroughly familiar with the facts of your case, especially the timeline of events. Take time to carefully review all relevant documentation, including:
• The lawsuit complaint
• Your medical records
• Any photographs or videos of the scene
• Witness statements
Reviewing these materials in advance will make you feel more prepared and confident during your deposition. You will know you can clearly explain what happened and support your testimony with facts.
Common Questions in Depositions
While the opposing attorney formulates the questions asked at your deposition, your lawyer anticipates them based on the circumstances of your case. While all answers must be truthful, your attorney can coach you on how to handle sensitive topics.
The first questions will likely concern your name, address, and date of birth. You will also be asked about your education and employment. The attorney may also ask whether you were previously involved in a lawsuit or other legal issues. Once those basic questions are answered, expect specific questions about the slip and fall.
Typical slip and fall deposition questions may include:
- What is the nature of your injuries?
- What were the initial symptoms, and what is your current condition?
- What type of surface were you walking on when the slip and fall happened?
- Were you walking, jogging, or running when the fall took place?
- What was the dangerous condition allegedly causing your accident?
- What kind of footwear were you wearing?
- Do you take any medication, and if so, what type and how frequently?
- Were you looking at your phone at the time of the slip and fall? Where was your phone during this incident?
- Was anyone else present at the scene?
- What did you do immediately after falling?
- How has the injury affected your life? Are you restricted from performing any activities?
Your attorney cannot answer on your behalf, but they can object to certain questions. They can also advise you whether to answer a question or remain silent.
Practice Sessions
Your attorney and their team will conduct mock deposition practice sessions so you feel comfortable with the process. During these practice sessions, discuss your concerns with your lawyer so they can be addressed. While the deposition process may seem overwhelming, practice sessions can provide confidence.
Remember that anything you say can be used against you in court. If you do not know the answer to a question, refrain from speculating. Answer the specific question, but do not volunteer more details. Doing so can cause the defense attorney to ask additional questions, which could complicate your claim. During the mock session, your attorney will warn if you are oversharing.
Maintain Your Composure
It is natural to be nervous before a deposition. Keeping calm is crucial, so remain polite even if the defendant’s attorney tries to make you angry. Angry outbursts benefit the opposition, not you. Presenting yourself as honest, credible, and confident strengthens your case. Get a good night’s sleep before the deposition. Dress appropriately, both to make the right impression and show respect for the process.
Listen to each question carefully and answer truthfully, without exaggerating. Think about the question before replying. If you do not understand the question, request clarification. If you do not know the answer, admit it rather than guess.
The opposing attorney’s goal is to attack your credibility and catch inconsistencies in your testimony – so stay calm, listen carefully, and answer truthfully.
Contact a Los Angeles Slip and Fall Lawyer
If you were seriously injured, you need the services of an experienced Los Angeles slip and fall attorney at Salamati Law who will thoroughly prepare you for a deposition. Schedule a free, no-obligation consultation today. While most slip and fall claims are settled, we will take your case to trial if the insurance company fails to agree to a fair settlement amount. You pay no legal fees unless you receive compensation.